0001104659-06-065000 Sample Contracts

SOUTHWESTERN PUBLIC SERVICE (a New Mexico corporation) UNDERWRITING AGREEMENT Series E Senior Notes, 5.60% due 2016 Series F Senior Notes, 6% due 2036
Underwriting Agreement • October 5th, 2006 • Southwestern Public Service Co • Electric services • New York

Southwestern Public Service Company, a New Mexico corporation (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), its unsecured Debt Securities of the designations, with the terms and in the aggregate principal amounts specified in Schedule I hereto (the “Debt Securities”) to be issued under its Indenture, dated as of February 1, 1999, from the Company to The Bank of New York, as trustee (the “Trustee”), as previously amended and supplemented and as to be amended and supplemented by a supplemental indenture relating to the Debt Securities (such Indenture as so supplemented and amended being hereinafter referred to as the “Indenture”).

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FOURTH SUPPLEMENTAL INDENTURE Dated as of October 1, 2006 Supplementing the Indenture Dated as of February 1, 1999
Southwestern Public Service Co • October 5th, 2006 • Electric services

THIS FOURTH SUPPLEMENTAL INDENTURE, dated as of October 1, 2006 (this “Supplemental Indenture”), is between SOUTHWESTERN PUBLIC SERVICE COMPANY, a New Mexico corporation (hereinafter called the “Issuer” or the “Company”), having its principal office at Tyler at Sixth Street, Amarillo, Texas 79101, and THE BANK OF NEW YORK, as successor to THE CHASE MANHATTAN BANK, as Trustee (hereinafter called the “Trustee”), having its office at 4 New York Plaza 15th Floor, New York, New York 10004.

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